ILGA-Europe together with ERA – the LGBTI Rights Association for the Western Balkans and Turkey, presents this LGBTI Enlargement Review 2024 assessing gaps in legislation and policy for the protection and advancement of the human rights of LGBTI people in the enlargement countries, and identifying priorities. The fundamental rights of LGBTI people need to be a core part of the accession process and EU institutions need to work with the authorities in each accession country to ensure the gaps are tackled and important pieces of legislation are advanced over the next year.

The EU enlargement process has leverage and needs to be fully used to support the adoption of important legislation protecting the fundamental rights of LGBTI people, as well as call out when governments advance laws that go against EU principle of fundamental rights, democracy and rule of law.

Over the last year, not only have we seen the worrying trends of governments challenging the rule of law, an increase in LGBTI phobic hate speech by politicians and religious leader continuing and foreign influence being exerted to challenge advances on human rights continue, but in a number of candidate and accession countries, ruling parties have been pushing legislation forward that is actively limiting the human rights of vulnerable groups including LGBTI people. We have also seen governments putting forward Russian style foreign agent laws in Georgia and Republika Srpska in Bosnia- Herzegovina. LGBTI rights are being used to polarise society, often to distract from a broader undermining of democracy and the rule of law in these countries and other more important socio- economic and political issues.

The annual enlargement report process is a key moment to remind governments of the criteria that need to be met and point out where advancement on rule of law and the protection of fundamental rights are needed to advance the process. While in some countries progress has been too slow and the EU should ensure that important legislative processes are finally seen through (such as the legal gender recognition in Montenegro and partnership recognition for same-sex partners and a new hate crimes legislation in Ukraine), it is important to be very clear that the attempts to put forward laws that actively cancel EU fundamental rights cannot be tolerated and will need to lead to a reconsideration of the status granted by the EU.

It is especially important in this context that the EU insist that the protection of LGBTI people’s human rights are a core part, as they are often falling behind the requirements. The recommendations regarding the human rights of LGBTI people in the EU enlargement reports are key in holding governments accountable to the commitments made. This also means putting an emphasis on ensuring proper implementation of the laws protecting and granting access to fundamental rights. It is key that the EU makes this a priority in all the countries, also by supporting initiatives for training and education.

Through the region of all enlargement and candidate countries, we can clearly see how foreign forces are gaining influence and are challenging alliance with EU values and fundamental rights. The strength of disinformation and anti-LGBTI sentiment being spread across the Western Balkans region, particularly in Serbia, Bosnia and Herzegovina, Montenegro and North Macedonia, has intensified even more since Russia’s war in Ukraine, with LGBTI people and civil society as targets of smear campaigns, hatred and hostility, often originating from the government level, pro-Russia forces and religious leaders. We can see the anti-gender movement gaining more ground, spreading countless hostile and hateful statements and protests, disturbing public order and democratic processes. Politicians, religious leaders and newly formed organisations were among the most common perpetrators of hate speech, which translates into actual hate and violence against LGBTI people.

The anti-rights movement, which is well funded and coordinated, has taken root strongly in the Western Balkans region in the last years. In order to stand against this increasing influence of anti- gender forces and foreign governments trying to undermine the EU rule of law and democracy, strong civil society organisations are key as they continue to build social acceptance for fundamental rights, support vulnerable groups and are a corner stone of democratic societies.

The fact that LGBTI organisations in the Western Balkans have seen EU support decrease has further weakened their work and social cohesion in those countries. A number of LGBTI organisations had to close, and many at brink of closing, while they are facing organised attacks against their physical spaces, as well as against the legal framework which protects and guarantees their equal rights. The EU must be a supporting partner to these organisations, including their views meaningfully in consultations and negotiations, modelling civil dialogue as an important part of a democratic society, and continuing to support LGBTI organisations in the region through funding in the extremely fragile context.

In our joint effort to get candidates for European Elections to pledge their support for LGBTI rights, teaming up with the media is key. That way we can reach more candidates and inform more people about our cause. In this blog, we share some tips to help get your local media engaged in the Come Out 4 Europe campaign.

In a media landscape where so many are looking for attention, and minorities often go unseen, it can be an uphill battle to be heard by politicians amidst a sea of competing issues deemed more pressing. That’s precisely why we must be strategic when using our voices to stop the far right overtaking the upcoming EU elections. Collaboration with local media can gain access to candidate’s attention long enough to get them thinking about how they want to show their clear support LGBTI human rights as part of their commitment to freedom and democracy in their campaigns to get elected this coming June. Here are our top tips to get your local media talking!

1. Find the right media

You might not be able to access mainstream media, but there are alternative outlets that are both credible and receptive to covering LGBTI issues. Look for media outlets that have a track record of covering LGBTI issues progressively and inclusively. The key is to find balance – there is probably a media in your country that is dedicated to covering stories about social justice and equality and is seen as credible and relevant in the mainstream.

2. Pitch stories

Reach out to local newspapers, radio stations, online news platforms, and television channels with a story related to LGBTI issues in your country or locality. Offer to provide them with interesting angles, personal stories, or expert opinions. Include a clear demand or question that challenges a politician, or a group of politicians. If the story gets picked up, it will generate pressure on the politicians mentioned, giving you a higher chance to get a response. If you can’t find the right contact for a journalist, search for them on Twitter, Facebook and Instagram, and message them there.

3. Write letters to editors

Keep an eye on your local media’s opinion section and write letters to the editor on LGBTI human rights topics. Keep your letters short, clear, and to the point, and call on politicians to protect and support LGBTI human rights in the forthcoming European elections.

4. Share your story

If you feel comfortable, share your own experiences as an LGBTI person with local media outlets. Personal stories can be powerful tools for raising awareness and generating empathy. This doesn’t have to be a big production – a simple email or phone call to a reporter can start the conversation.

5. Connect LGBTI rights to the European elections

Use the attention surrounding the elections to insert LGBTI rights into the conversation about broader political issues. Research the platforms and priorities of political candidates and parties, and identify opportunities to link LGBTI rights to topics such as healthcare, education, and social justice. When you have some relevant content, pitch it to journalists. There will be a lot of press conferences and media events already focused on this topic. If you can, go to these events, ask questions in the name of LGBTI voters. Highlight the importance of LGBTI inclusion in political agendas and urge candidates to address these issues. LGBTI rights are integral to broader societal concerns, and by emphasising that we can improve our chances of being heard and our rights not being overlooked during this critical time.

5. Use the Come Out 4 Europe campaign

The Come Out 4 Europe campaign is a platform through which the candidates in every country in the EU can communicate how will they work for LGBTI rights if elected. The campaign and the pledge are ready-to-use platforms for starting conversations, encouraging candidates to share their views, and showing each EU country’s commitment to LGBTI rights. When creating content for media, you can use the campaign to show how your country is doing in comparison to others, for a larger perspective.

In our quest to secure support for LGBTI rights in the European Elections, the power of media collaboration emerges as a crucial ally. The tactics we share here will not only raise awareness but also exert pressure on politicians to address our concerns. On this journey towards equality and justice, we can ensure that our voices resonate loudly and our rights remain firmly on the agenda.

And lastly, don’t forget to vote!

Reach out to us at comeout@ilga-europe.org if you need support or if you require communications materials

Last year, Ukraine became a candidate country to join the European Union. But the country’s lack of LGBTI rights threatens to hinder the process

As Ukraine charts its course towards European Union enlargement, it’s vital to focus on improving LGBTI rights in the country. While there’s notable support from society – with 72% of Ukrainians now supporting equal rights for LGBT people – and the international community, hurdles within the Ukrainian Parliament, the Verkhovna Rada, and the Ministry of Internal Affairs threaten to impede progress.

Despite significant strides, resistance persists within the corridors of power. This resistance not only undermines Ukraine’s commitment to EU integration but also poses a threat to the rights and freedoms of LGBTI people.

The leverage of the EU accession process cannot be overstated. The European institutions and EU member states have strength and influence to achieve change. By actively engaging with Ukrainian counterparts and lending their support to legislative initiatives aimed at safeguarding the rights of all individuals, the European Commission and Parliament, but also EU governments play a crucial role in Ukraine’s journey towards EU integration.

Recognition of same-sex partnerships

Recently, members of the European Parliament’s LGBTI Intergroup sent a letter to President Volodymyr Zelensky, showing their support for two important draft laws in Ukraine. These laws, if passed, could make a big difference for LGBTI people in Ukraine and bring the country closer to joining the EU.

One of these laws, Draft Law 9103 is the Legal Recognition of Same-Sex Partnerships. Beyond its legal implications, this would symbolise a monumental shift towards equality and non-discrimination, echoing the values espoused by the EU. If passed, it would provide legal protections and rights to same-sex couples, similar to those enjoyed by heterosexual couples, such as inheritance rights, medical decision-making authority, and financial protections – many of these rights reaching a new significance since the onset of the war in Ukraine.

Protection against hate crimes

Another crucial law mentioned in the letter and awaiting the decision of the Ukrainian Parliament, Draft Law 5488, is the Protection Against Hate Crimes – including those motivated by sexual orientation or gender identity. If enacted, it would provide legal protections to LGBTI people and other vulnerable groups who are targeted for violence or discrimination based on their identity.

In its judgment of 11 April 2024 in Karter v. Ukraine, the European Court of Human Rights ruled that Ukraine violated Article 3 (prohibition of inhuman or degrading treatment) in conjunction with Article 14 (prohibition of discrimination) in view of the ineffective investigation of two verbal and physical attacks of the applicant, a gay man, involving homophobic slurs. Further to the first attack, the authorities did not follow up on the applicants’ hate crime allegations and initially classified it as a robbery. The Court noted that the criminal-law classification the national authorities had chosen for the second attack as falling under the ordinary provisions of criminal law undermined their ability to uncover the alleged homophobic motive behind the attack.

The Court specifically considered the lack of explicit recognition of attacks motivated by sexual orientation as an aggravating circumstance in domestic criminal law in general and under Article 161 of the Criminal Code in particular and the difficulty that the absence of such recognition in domestic criminal law causes in the effective investigation of homophobia-motivated attacks. It considers that domestic authorities should “conduct the investigation taking all reasonable steps with the aim of unmasking the role of possible homophobic motives for the attack” as, otherwise, “prejudice‑motivated crimes would unavoidably be treated on an equal footing with ordinary cases without such overtones, and the resultant indifference would be tantamount to official acquiescence to or even connivance with hate crimes.”

This court ruling serves as another reason for Ukraine to prioritize and enact legislation aimed at addressing the issues highlighted, further emphasizing the urgency of legal reform in safeguarding the rights of LGBTI individuals. As Ukraine moves forward on its path towards European Union enlargement, the support of EU institutions and politicians is crucial in achieving meaningful change and upholding the principles of equality and non-discrimination. By enacting these laws, Ukraine not only strengthens its position on the path towards EU integration but also reinforces its commitment to human rights.

Here are some highly effective, but easy ways to engage your local candidates for the European Elections with the Come Out 4 Europe campaign towards LGBTI freedom and equality across the EU

The upcoming European Parliament elections in June 2024 present an opportunity for candidates to declare their support for LGBTI freedom and equality in the EU and beyond. ILGA-Europe’s campaign, Come Out 4 Europe, is not just a call to action. By signing the pledge on the campaign website, candidates clearly communicate their support for LGBTI voters and allies. It shows that they recognise and acknowledge the demands for steps toward equality. In this blog, we share six low-effort but highly efficient tips designed to mobilise candidates and encourage them to commit to protecting and advancing LGBTI human rights by singing the Come Out 4 Europe pledge.

1. Send them a letter

You can begin by kindly inviting the candidates in your country to sign the pledge. Use our letter example as a basis, adding your unique voice and perspective, or translating it into your national language. Personalised communication with a simple call to action can create genuine connections with politicians.

2. Request a Meeting

Contact your candidate and request a meeting to talk to them about the pledge. At the meeting, present a printed out version of the pledge for them to read. When talking, be polite and firm, but not confrontational. Present facts and figures you have gathered (see above), but also give them personal stories – let them know how real people are being affected. At the end of the meeting, having again asked them to sign the pledge, thank them for their time.

3. Be loud on social media

In a world dominated by digital discourse, social media is a potent tool for advocacy. Use your online presence to actively engage with candidates on various platforms. Amplify the visibility of signed pledges by sharing updates from the Come Out 4 Europe website, tagging candidates and their parties, stimulating a ripple effect of awareness and momentum. Employ simple strategic tactics such as encouraging friendly competition between parties by saying which ones are doing best, and which ones could do better, and spotlight countries that are either excelling or have the potential to improve their numbers of pledge signatures.

4. Leverage your network

Use your pre-existing relationships and affiliations within your community. Reach out to the candidates or political party staff you might know and persuade them to sign the pledge. Turn to your friends, friends of friends, allies, and fellow activists who have connections to the candidates and encourage them to do the same. Attend local events and forums where candidates congregate, such as campaign launches or hustings, and have a friendly conversation – the pledge can serve as a conversation starter with a candidate looking for votes.

5. Mobilise allies

Expand your community, mobilising allies and comrades to enhance our collective voice. LGBTI rights are human rights and even movements whose primary focus lies elsewhere can be amplifiers of this campaign for change. Talk to activists from diverse groups, asking them to participate. Encourage them to actively engage on social media platforms, disseminate campaign updates, and champion the cause. Every interaction, such as a like, share, or retweet, can help candidates realise that the improvement of the human rights of LGBTI people is a political goal they should strive for in the current climate.

6. Use ILGA-Europe’s resources

Explore ILGA-Europe’s extensive collection of resources to give you the right things to say to candidates. From the pledge itself to the in-depth Annual Review of the Human Rights of LGBTI People in Europe, which gives information about how LGBTI human rights are at stake in your country, and the Rainbow Map, these resources can provide you with facts and numbers when you talk or write to your candidates. Equip yourself with facts and compelling arguments drawn from these sources, empowering candidates with the knowledge and conviction to champion LGBTI people’s human rights.

And remember… follow up!

Deciding how you are going to follow up is important. For instance, if you have personally engaged with a candidate and they haven’t signed the pledge, you could phone their office to give a reminder. Or if they seem to not have taken notice of your social media engagement and not signed the pledge, follow up with another message. Don’t be confrontational and don’t bombard. Just a message or two over the coming months is better than going overboard or not messaging at all. If a candidate you engage with signs the pledge, don’t forget to thank them, ask them to share the fact they’ve done it, and to pass the pledge on to other candidates in their parties.

We have the power to influence the future direction of Europe. Let’s unite our efforts, utilise our resources, and encourage candidates to show support for the LGBTI community. Together, let’s work towards securing freedom for LGBTI people in the Europe we want to see.

Reach out to us at comeout@ilga-europe.org if you need support or if you require communications materials

Amidst a climate where political forces across Europe are attacking the rights of LGBTI people, candidates in the forthcoming European elections are being called upon to  pledge to protect and advance the human rights of LGBTI people.

Today, March 6, Europe’s leading LGBTI organisation, ILGA-Europe, have launched the ‘Come out 4 Europe’ pledge, giving candidates in the lead-up to the EU elections the opportunity to show how they will support and protect the human rights of lesbian, gay, bisexual, trans and intersex (LGBTI) people as elected members of the European Parliament.

The ‘Come Out 4 Europe’ campaign arrives in the light of a new report from ILGA-Europe, charting a stark rise in anti-LGBTI speech across the EU member states, which has led to an escalation in violent protests outside schools and libraries, the targeting of Pride marches, and a further rise in attacks against LGBTI people.

ILGA-Europe are asking candidates to stand strong amidst growing attacks on LGBTI rights, and work with LGBTI organisations and activists to counter polarisation and the scapegoating of LGBTI people in political divides.

According to ILGA-Europe’s Advocacy Director, Katrin Hugendubel: “The public discourse is becoming more polarised and violent, and as a result the LGBTI community has experienced the highest and most severe violence across Europe in decades. The very core values and standards upon which the EU was founded – respect for human dignity and human rights, freedom, democracy, equality and the rule of law – are being called into question and human rights, and in particular the human rights of LGBTI people, are facing a strong challenge from far-right forces.

“In the last five years, we have seen political determination to advance the fundamental rights of LGBTI rights paying off across the EU, with the moves by certain member states to limit the rights of LGBTI people finally being addressed by all EU institutions, including supportive member states. 

“But at the same time, LGBTI people’s rights and humanity are increasingly being exploited to polarise society, undermine democracy, the rule of law and human rights.”

The Come Out 4 Europe pledge, which can be signed at a dedicated website, comeout.eu, will give candidates the opportunity to show how they will work to protect and advance LGBTI human rights in the coming term.

Says ILGA-Europe’s Executive Director, Chaber, “The protection of the human rights of LGBTI people is deeply interconnected with democracy and the protection of human rights in our societies in general. That’s why it is of grave importance that in the next European Parliament 2024-2029, we have a strong mandate for the Parliament and the Commission to protect and advance LGBTI equality.

“As we witness the rise of political forces that question basic fundamental rights and freedoms, it is a crucial time for the EU to hold fast to the core values upon which it was founded.”

Despite hateful campaigns and attacks on LGBTI rights, more and more people across the EU agree that LGBTI people deserve equal rights and a life free from discrimination, according to a new report. 

Published last month, the latest Eurobarometer report, charting public opinion in the European Union, shows acceptance of LGBTI people is clearly on the rise across all EU countries. The claim of some governments that they represent the will of the majority of their people when discriminating against LGBTI people, does not hold against the findings.

The report also clearly shows that acceptance is significantly higher amongst people who know someone from the LGBTI community personally, counteracting the characterisation of LGBTI people as an abstract threat by some leaders. Being friends with LGBTI people has a large impact on responses to the survey questions.

The results, however, reflect clearly that ongoing attacks on LGBTI rights have had an impact. The report has found that more than half of the general public say there is widespread discrimination in their country on the basis of gender identity (being transgender, 57%) or sexual orientation (54%). Discrimination against intersex people is in the high numbers too, at 47%. Published last month, the report finds that the highest levels of perceived discrimination are on the basis of being Roma (65%), of skin colour (61%,), and of ethnic origin (60%). 

The Eurobarometer survey is carried out every four years, with the last report published in 2019. Public perception of discrimination against trans people has grown by nine percentage points (pp’s) since then, while against intersex people, it is up by eight pp’s. Sexual orientation is up just one pp, however the fact remains that over half of respondents think discrimination on the basis of sexual orientation is widespread.

However, at the same time, a rising number of 69% of EU citizens say that lesbian, gay and bisexual people should have the same rights as heterosexual people, and 64% say that trans people should have the same rights as everyone else. 

When it comes to legal gender recognition, 62% believe that trans people should be able to change their civil documents to match their gender identity. Further, 47% believe that official documents should offer a third option (X or O) for those who do not identify as female or male. Notably, for both of these questions, the percent of respondents agreeing increased (3 pp’s and 1 pp, respectively), but the number disagreeing also increased (2 pp’s and 4 pp’s, respectively). This may indicate that there is increased awareness of the issue in the EU, as in both cases, the number of respondents saying that they did not know decreased by 5 pp’s.

Increasing support also for same-sex marriage

72% of respondents say that same sex marriage should be allowed throughout Europe; up three pp’s since 2019. In Hungary and Poland, which have seen much anti-LGBTI rhetoric since the last Eurobarometer report, 42% and 50% of respondents agree with same sex marriage, respectively, showing the resilience of the public’s perspective even in the face of intense political anti-LGBTI pressure. The notable exceptions here are Bulgaria and Romania. Just 17% of Bulgarians agree with same sex marriage and 25% of Romanians.

Support for inclusive education

Most respondents think school lessons and material should include information about sexual orientation (71%) and the existence of multiple gender identities (68%). In 2019, 71% also said that sexual orientation should be included in curricula; so despite the heavy public attacks on inclusive education, support is stable.

In Hungary, the numbers of people agreeing with the inclusion of sexual orientation and gender identities (SOGI) in education have even gone up. There’s an increase of two pp’s in those who agree with inclusion of sexual orientation and a striking eight pp’s in those who agree with education on multiple gender identities.

Levels of comfort

The Eurobarometer survey asks respondents about their levels of comfort with LGBTI people in their lives, including with relationships their adult children are in, as colleagues, and in the highest elected positions.

The numbers in this regard are high. 59% of European citizens, for instance, would be totally comfortable if one of their children was in a love relationship with someone of the same sex, while 48% would be comfortable if their offspring were in love relationships with trans or intersex persons (the Eurobarometer survey puts both trans and intersex together in this series of questions). Lesbian, gay and/or bisexual government leaders would be “totally comfortable” for 68% of respondents (up 4 pp from 2019), while 58% would be happy to have a trans or intersex person in the highest elected position.

A clear message

The overall findings of this Eurobarometer survey are that despite a surge over the past few years in anti-LGBTI hate speech and violence, and negative media reporting particularly in relation to trans people, most Europeans are far more accepting of lesbian, gay, bisexual, transgender and intersex people than it would appear on the surface, and that governments who are introducing legislation that discriminates against LGBTI people are not in accordance with the will of the citizens of their countries. As a measure of attitudes in the EU, it shows that governments should be introducing more protections, while making sure that legislation already in place is fully implemented.

LGBTI activists from new EU enlargement countries, Ukraine, Moldova and Georgia have gathered in Brussels to call on EU representatives to live up to the promise that comes with the accession process

Today, LGBTI activists from Ukraine, Moldova and Georgia met with EU representatives in Brussels to explain serious challenges facing lesbian, gay, bisexual, transgender and intersex (LGBTI) people in their countries, and urge European institutions and Member States to live up to the hope they have given in granting all three countries prospects of becoming members of the EU.

In the wake of Russia’s invasion of Ukraine, the EU has made enlargement a priority in the eastern neighbourhood region, recently opening the path for Ukraine, Moldova and Georgia to join the EU. Ukraine and Moldova were granted candidate status by the EU Council in June 2022, and just last month the European Commission advised that Georgia should also receive candidate status at the upcoming December Council.

The prospect of joining the EU is an important motivation for governments to make reforms on advancement of rule of law and protection of fundamental rights. It is especially important in this context that the EU insists that the protection of LGBTI people’s human rights are a core part of those requirements, as governments are often falling behind the requirements. Recommendations from the EU regarding the human rights of LGBTI people are key tools supporting LGBTI organisations to engage with their governments and hold them accountable to the commitments made.

In all three countries hate crime and hate speech against LGBTI people remains a serious issue. While both Moldova and Georgia have legislation protecting against hate crime on the grounds of sexual orientation and gender identity, hate crimes are consistently not registered and prosecuted. Ukraine still needs to adopt such legislation, which is currently being debated in parliament. Despite the international obligations of these countries to provide a legal framework for the recognition of same-sex couples, none of them have adopted such legislation. The inequality this creates is particularly highlighted in Ukraine at this time, where the lack of rights of same-sex partners of soldiers wounded or killed are laid bare. International standards as regards legal gender recognition are that the procedure should be quick, transparent and accessible without abusive requirements. Currently all three countries fail to live up to this for different reasons.

Says Rina Rybalko from Gender Stream, Ukraine: “We believe that Ukraine being an EU candidate country shows bilateral willingness to cooperate and integrate, especially in terms of common values, human rights standards and opportunities. This is an important step towards strengthening democratic values and supporting civil society in Ukraine, where freedom, diversity and human rights are a priority.”

Leo Zbancă from GENDERDOC-M in Moldova says: ”The LGBTI community in Moldova faces risks due to growing anti-LGBTI narratives promoted by pro-Russian forces. We see Moldova’s move to join the EU as vital for protecting LGBTI rights and ensuring the dignity and safety of the community.”

According to Mariam Kvaratskhelia from Tbilisi Pride: “Georgia should be granted candidate status and should move further on the EU integration path without sacrificing LGBTI rights and equality, which is unfortunately what the government is currently doing.”

The accession process comes with hope in candidate countries that the prospect of EU membership will help secure a better life for LGBTI people through the implementation of EU law and standards. However, the road to EU accession can be long, and hope and ambition can turn into disillusionment and disengagement if reforms are not seen through and the efforts of people and governments are not supported and awarded by the EU.

According to Executive Co-director at ERA, Danijel Kalezić from Montenegro, which became a candidate country in 2010: “In the last 15 years in the Western Balkans, we saw how the EU enlargement process can highly contribute to the legal protection and advancement of human rights for LGBTI communities. Unfortunately, we have also seen how a lack of direct and visible political support from the EU to grassroots movements in crucial moments can result in providing a space for anti-democratic movements to stop progress achieved and push the backsliding that is currently ongoing in our region.”

The meetings between activists and EU representatives in Brussels this week were facilitated by ILGA-Europe, the largest umbrella organisation for the LGBTI movement in Europe. According to ILGA-Europe’s Advocacy Director, Katrin Hugendubel, “These meetings are essential because we need to ensure that all EU institutions engaged in the enlargement process understand what is at stake – the huge potential to work for better respect of LGBTI people’s human rights through the process, but also the big risk of backlash in case the EU is not following through the accession promises.

“We see in the Western Balkans after years of active engagement on advancing human rights and fulfilling accession conditions, people are now disillusioned and the influence and leverage of the EU is quickly diminishing. Tensions in the region are high and the influence of other global forces is very real and worrying. In Georgia, Moldova and Ukraine, people want to move towards the EU and democratic reforms are undertaken to do so. The EU needs to support these efforts and stand clear on its promise of accession.”

Half-way through, the evaluation of LGBTI organisations is positive, but also pointing clearly to where more is needed to ensure the implementation of the strategy in all areas of EU competence and to fully live up to the commitments the EC proudly adopted with the strategy. 

With this briefing, ILGA-Europe wants to highlight five key aspects of our evaluation of the first two years of implementation and set out recommendations to ensure strong implementation of the full strategy by 2024.

ILGA-Europe has worked with ERA – LGBTI Rights Association for the Western Balkans and Turkey, to produce our annual LGBTI Enlargement Review, assessing gaps in legislation and policy for the protection and advancement of the human rights of LGBTI people in the enlargement countries, and identifying priorities the EU should insist authorities in each country need to tackle in the coming year, as identified by LGBTI activists in the respective countries.

2022 was an historic year for the enlargement process, as the EU expanded its promise of a perspective for EU accession to include Ukraine, Moldova and Georgia, following the beginning of Russia’s war in Ukraine on 24 February 2022. All three countries are now included in the EU’s annual enlargement reporting process. As ILGA-Europe has member organisations in all of the newly added countries, this year’s LGBTI Enlargement Review covers the perspectives of LGBTI civil society from all ten countries: Albania, Bosnia & Herzegovina, Georgia, Kosovo, Moldova, Montenegro, North Macedonia, Serbia, Turkey and Ukraine.

This year’s LGBTI Enlargement Review also follows a new format. We wanted to particularly highlight the importance of implementation of already existing policy and legislation, as it has become commonplace for Enlargement countries to adopt a legal framework aligning with EU standards, but not actually implementing it. As a result, each country chapter is divided into the below headings:

• Main legislation/policy to be drafted/adopted to ensure non-discrimination and access to justice for LGBTI people (priorities for the coming year)
• Implementation of already-existing legislation/policy
• Legislation/policy in process
• Feedback on the European Commission’s 2022 Enlargement Report (where applicable)
• Recommendations to the EU

These headings are then complemented by a section linking readers to the respective country chapter of ILGA-Europe’s Annual Review 2023, in order to understand the reality on the ground and more nuanced context, which often varies significantly from legislative frameworks. The chapter on Turkey is structured in a different way, in order to present the current state of play prior to the elections in May, and will be updated to reflect the priorities that emerge after the elections.

In all of the enlargement countries, we can unfortunately identify a clear trend of rule of law being challenged, foreign influence being exerted to challenge advances on human rights, including the rights of LGBTI people, and an increase of hate speech translating into violence on the ground, as well as ongoing challenges to freedom of assembly and association.

In this context, LGBTI topics are being used to polarise society, often to distract from a broader undermining of democracy and the rule of law in these countries and other more important socio-economic and political issues.

It is thus important that the EU renews a clear prospect for EU enlargement, not only for Ukraine, Moldova and Georgia, but most importantly in the Western Balkans. The commencement of accession talks with Albania and North Macedonia is an encouraging step in this regard. It is important that the EU places LGBTI rights firmly into all its considerations, and that demands on advancing the protection of the human rights of LGBTI people are put on the same footing as important processes on fighting corruption and advancing the rule of law.

Although achieving EU membership can take several years, even decades, the accession process can already have a positive impact in LGBTI people in a candidate country. We speak to activists in the latest candidates, Ukraine and Moldova, and from Montenegro, which has been a candidate since 2010.

Since its foundation, the EU family has kept its doors open to new members who share the same values. They must be committed to apply, support and promote the EU’s democratic principles and practices in their territories and overseas. Once the request of a European state to join the EU has been agreed by current EU member states, the accession process begins. The benefits of joining are multiple, including access to billions of EU funding, visa free access to EU countries, and Free movement of labour, goods, services and capital.

During the process, the candidate country must satisfy a number of political and economic criteria as well as administrative and institutional capacity.

These criteria include respect for the human rights of LGBTI people. In our latest podcast at The Frontline we spoke to LGBTI activists in Ukraine and Moldova, the latest countries to have been granted candidate status, and in Montenegro, which has been a candidate member since 2010.

Lenny Emson, Ukraine

Lenny is the Director of KyivPride and a board member of Transgender Europe. Earlier this year, shortly after Russia invaded Ukraine in late February, the country applied for membership of the EU and it was granted candidate status just a few months later, along with Moldova. Lenny says the accession process “brings a bit of hope” to LGBTI people in a country that is still battling against Putin’s invasion.

“In practice this could mean the adoption of marriage equality and anti-hate legislation. Right now, if a person in a same-sex relationship gets hurt in the battlefield, their partner will not have the right to make medical decisions. This is why marriage equality in Ukraine is one of the priorities for LGBTI activists at the moment and the EU candidate status is pushing it up in the political agenda.~

Before the war started, anti-hate legislation to protect LGBTI people from biased-motivated crime was already in the makings. According to Lenny, its adoption would would be gaining a “right we’ve been fighting for in the five past years”.

Now more than ever, LGBTI activists advocate for the protection of sexual orientation and gender identity grounds as “anti-LGBTI groups that existed before the war now feel pretty much okay,” as Lenny explains. “Since the war started over 100 cases of LGBTI-phobic crimes have been reported to civil society organisations.”

Anastasia Danilova, Moldova

Anastasia is the director of GENDERDOC-M and a board member of ILGA-Europe. Just a few days after Ukraine’s request in early March 2022, Moldova applied for EU membership. The country also became candidate member in June.

“Definitely it’s a great opportunity for LGBTI people in the country,”. Anastasia says. There have been already some positive changes linked to the EU accession, like the ratification of the Istanbul Convention, which entered into force in the country in May, and the adoption of anti-hate crime legislation which includes sexual orientation and gender identity as protected grounds.

“Implementation will be a huge issue, but it’s already a big step. Until now, because of lack of legislation, crimes against LGBTI people were not registered in the official statistics.”

For Moldovans, the EU accession talks are also a security matter as pro-Russian parties try to destabilise the progressive government. “EU enlargement is the only chance for the future, for LGBTI people to enjoy equality,” Anastasia explains.

Danijel Kalezić, Montenegro

Danijel worked for years as the Executive Director of Queer Montenegro , but has now become the Co-director of ERA, the LGBTI Equal  Rights Association. 12 years after Montenegro was granted EU candidate status, Danijel’s insights on the process and its impact are different to those from Lenny and Anastasia.

He sees a gap between “the paper” and the practice. “In many countries the EU enlargement is been used to improve the human rights framework. Montenegro is a good example of this. This year the country made it to the top-10 of the Rainbow Map and Index and has made major legislative changes in recent years to protect the rights of LGBTI people, including same-sex unions. However, if we look to what’s happening in real life, [the change] is not followed.”

This is because there are no communication campaigns following the legislative changes. “To enjoy all the rights that we have now on paper, we need to be able to change hearts and minds. And that change is not going as fast as the change of the legal framework,” Danijel says.

The EU candidate status can be “an amazing boost for the human rights of LGBTI people, to start conversations, but I would like to see more pressure from the EU on the government and stakeholders to talk about the importance of this process.”

Danijel points out to the need of speaking of human rights not only important to become a member of the EU, but above all, for all citizens of the country.  

Danijel, Anastasia and Lenny are all guests on our latest two-part podcast episode exploring the effect of the EU accession process on candidate countries, alongside former member of European Parliament, Marije Cornelissen, who has worked extensively on the accession process, and ILGA-Europe’s advocacy director, Katrin Hugendubel, to talk about our long history of working alongside candidate countries to advocate for LGBTI rights and equality.

The European Commission has referred Hungary to the CJEU over discriminatory amendments adopted in June 2021, which ban the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality” to under 18s.

Today, 15 July 2022, the European Commission formally referred Hungary to the Court of Justice of the European Union due to Hungary’s unsatisfactory response to concerns raised in the “reasoned opinion” sent by the Commission in December 2021.

This “reasoned opinion” was the second stage of the infringement process launched against Hungary in July 2021, in which the Commission outlined its concerns about the amendments breaching various aspects of EU law, asked for clarification over certain issues, and requested the amendments be brought in line with EU law.

In particular the Commission is concerned about discrimination against LGBTI people when it comes to various areas of EU competence, including the freedom to provide services, the free movement of goods, the Audiovisual Media Services Directive, the e-commerce Directive, freedom of expression and information, the right to respect of private life, and the right to non-discrimination.

ILGA-Europe’s member organisation, Hátter Society has reported that the amendments have already had a severe impact on LGBTI people in Hungary, as media service providers, bookshops, libraries, schools, and other actors covered by the law have begung to implement it voluntarily, in fear of sanctions. The discriminatory amendments and government campaigning around them has also resulted in a stark increase in hate crime against LGBTI people, and the amendments also leave LGBTI people and organisations at risk of arbitrary legal proceedings.

The Commission has found that Hungary’s response to their concerns in relation to equality and the protection of fundamental rights is unsatisfactory and does not include any commitment to remedy the incompatibility of the amendments with EU law, and have therefore decided to refer Hungary to the EU’s Court of Justice.

According to ILGA-Europe’s Executive Director, Evelyne Paradis: “It is encouraging to see the European Commission strongly defending EU law and the principle of non-discrimination when it comes to the treatment of LGBTI people. These amendments breach a variety of EU laws in a wide range of areas, and have already had a devastating impact on the rights of LGBTI people in Hungary. For too long the Hungarian government has been using LGBTI people as a political scapegoat; the rule of law must prevail in order to stop such an abuse of power. Now it is over to the Court of Justice of the European Union to live up to its legal responsibilities and defend EU law and the right of LGBTI people to live free from discrimination.”

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To learn about the anti-LGBTI amendments in Hungary, and how the media, bookshops, libraries, schools etc. are implementing them, read this alarming report.

Read the Commission’s press release, which explains in more detail about which EU laws are breached here.

While Poland keeps attacking LGBTI people and their rights, ILGA-Europe have signed a joint letter along with 86 other NGOs asking EU Ministers to take action.

ILGA-Europe, along with 86 other NGOs, have written a letter to EU Ministers to act decisively on Poland’s rule of law crisis, ahead of the upcoming General Affairs Council meeting on Tuesday 22 February.

The letter addresses the major rule of law concerns in Poland, including media freedom, civic space, SRHR and LGBTI rights. It outlines how systemic rule of law violations have enabled Poland to directly attack the human rights of LGBTI people and their defenders.

In it, we all call for decisive action under Article 7 to protect rule of law, democracy and fundamental rights in Poland. This comes in light of the decision of the Court of Justice of the European Union (CJEU) on 16 February, which confirms the legality of the EU’s rule of law conditionality.

According to the judgement, member states now have the tools to properly and effectively defend the rule of law in Poland. We call for these tools to be used immediately and unequivocally.

Read the letter to EU Ministers.

Further information:

• Find out more about CJEU judgment of February 16
• Learn more in our submission to European Commission’s 2022 Rule of Law Report.

It was a year of further lockdowns, of new strains of the COVID virus, and the uncertainty they have brought, and most of all, enormous reverberations of the unprecedented events of 2020 on people’s lives.

At ILGA-Europe, when the pandemic first kicked in, our motto was ‘the work goes on’, and that work most certainly continued apace throughout 2021, with the growth of a perceived east-west divide in Europe over LGBTI rights; infringement procedures taken by the European Commission against Hungary and Poland because of their anti-LGBTI laws and programs; a sharp rise in the demonisation and isolation of trans people from the women’s movement; and an overall rise in authoritarian regimes seeking to instrumentalise LGBTI lives to limit the rights of others.

So, it’s perhaps strange that our guest in this episode, ILGA-Europe’s Executive Director, Evelyne Paradis finds great hope for the LGBTI movement amid the storm. Listen now, and find out why.

As the European Commission takes the second step in its infringement procedure against Hungary, Europe’s leading LGBTI organisation welcomes its clarified commitment to the equal human rights of the people of Hungary and all other EU member states.

Today, 2 December 2021, the European Commission (EC) began the second phase of its infringement procedure against EU member state, Hungary, due to discriminatory amendments adopted on 23 June in the country, which ban the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality”.

On 15 July 2021, the European Commission formally notified Hungary of the beginning of infringement proceedings regarding the amendments. The Hungarian Prime Minister, Viktor Orbán responded by accusing the Commission of “legalised hooliganism” and announcing plans to call a referendum on the amendments, falsely insisting that the infringement procedures specifically seek to interfere in the Hungarian education system. Since then a number of Hungarian government officials have similarly sought to mislead the Hungarian and European public in regard to the content of the infringement procedures.

Today the Commission said that it finds Hungary’s official response to its notification insufficient, and it has therefore started the second phase of the infringement process by sending Hungary a letter known as a “reasoned opinion”, outlining the parts of the new Hungarian law that are breaching EU law, and demanding that these are changed. The EC also identified that even more EU laws are being breached by the amendment, and contrary to claims from the Hungarian government, it did not mention any educational directives in its reasoned opinion.

Instead it clarified that it is specifically concerned with breaches to fundamental EU law when it comes to the freedom to provide services and the free movement of goods. Hungary, the Commission says, has not shown how restrictions in its legislative amendments are duly justified, non-discriminatory, and proportionate.

In addition, the EU clarified breaches of the Audiovisual Media Services Directive and the e-commerce Directive, citing restrictions in the amendments regarding audiovisual media content, including discrimination based on sexual orientation.

The Commission also deems that the Hungarian amendments violate human dignity, freedom of expression and information, the right to respect of private life as well as the right to non-discrimination as enshrined in Articles 1, 7, 11 and 21 of the EU Charter of Fundamental Rights, and due to all of this, the amendments violate Article 2 of the Treaties of the European Union.

According to Katrin Hugendubel, Advocacy Director with Europe’s leading LGBTI organisation, ILGA-Europe: “The Hungarian government keeps twisting the facts and stating that it is protecting children and acting on the will of its people with these amendments. Both statements are patently false. The amendments are an attack on children’s rights as well as the rights of LGBTI people. Contrary to the amendments reflecting the will of the people, support for LGBTI equality is growing in Hungary.

“With these amendments and his referendum, Orbán is running a campaign in advance of elections next year, hoping to distract from the massive problems his government is responsible for by scapegoating the LGBTI community. The EC is right to hold the Hungarian government accountable to the Treaties, and should not hesitate to see this through, including by bringing Hungary in front of the Court of Justice of the European Union (CJEU).”

Hungary now has two months to remedy the breaches identified by the Commission. If they do not amend the law to remove the breaching anti-LGBTI provisions, then the Commission will refer the case to the CJEU.

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For further comment, contact: Ana Muñoz Padrós, ILGA-Europe: ana@ilga-europe.org, +32 493 35 60 55

The first ever EU LGBTIQ Equality Strategy, adopted in November 2020, is a major step in the EU’s overall commitment and detailed efforts to ensure the fundamental rights of LGBTIQ people and fight discrimination. Many people welcomed the strategy, including ILGA-Europe, who noted in their press release that it marks a ‘qualitative shift from the European Commission towards playing its full role to defend and protect LGBTI rights in times of real backlash’.

It is an important part of the Union of Equality, set out by European Commission President Ursula von der Leyen. The strategies and structures put in place in the 2019-2024 European Commission to mainstream equality and tackle discrimination and inequality are key, not least in a time when the Covid-19 pandemic has further shed light on poverty and exclusion across the EU, and inequalities have been exacerbated.

With this briefing, ILGA-Europe wants to set out five key points that have become clear in the first year of implementation of the EU LGBTIQ Equality Strategy. We have collected feedback from LGBTI organisations and activists from across Europe and organised a dedicated call to discuss our respective assessment of the first year of implementation with key European LGBTI networks, such as TGEU, OII Europe, IGLYO, and EL*C. In addition, the assessment was discussed in a meeting with DG Justice in September 2021 and the key points where shared following the meeting.

LGBTI asylum seekers are often at risk of additional danger because of their SOGIESC during their journey and upon arrival in the country where they seek asylum, which can take the form of harassment, exclusion, sexual violence, or other forms of violence. Often but not always, they qualify as vulnerable persons with specific needs in legal assistance, reception conditions, healthcare, and others throughout the asylum process.

As European NGOs working on asylum and migration and Afghan Diaspora organisations in Europe, we are alarmed about the situation in Afghanistan and concerned above all about the security of the people of Afghanistan, both those within the country and those displaced and seeking protection in the region and beyond.

The vast majority of displaced Afghans will likely be hosted in the neighbouring countries, as has been the case over decades of displacement from Afghanistan. For reference, since 2015, over six years, 570,000 Afghans sought protection in the EU and associated countries. The majority received a protection status. In contrast, by July 2021, Iran hosted 800,000 registered refugees and up to 3 million other displaced Afghans. In Pakistan, there were 1.4 million registered refugees and up to 2 million other displaced Afghans. These figures have been increasing by the day. In addition, there are close to 5.5 million IDPs in the country.

In this context, it is crucial that the small proportion of displaced people who do arrive in Europe are given rapid access to a fair asylum procedure in line with European states’ obligations under EU and international law.

We recommend the following five urgent responses for the EU and European countries:

1. Evacuation, resettlement and other safe routes to protection for Afghans

Evacuate as many as possible of the people facing immediate security risks, as quickly as possible.

This is the immediate priority, to then be followed by expansion of resettlement and complementary pathways for those most at risk and most vulnerable. A particular focus should be on women and girls and their (immediate) family members. Attention should also be paid to the situation of minorities where they are at additional and immediate risk of persecution.

Europe should continue the critical efforts to establish and implement safe and regular routes to protection, including for those who have worked for European institutions and agencies (military, diplomatic and civil society) in Afghanistan, and those at immediate risk after the Taliban takeover. Information on how to apply should be clear and procedures should be as simple as possible, taking into account that people are on the move, may have limited internet access and using mobile phones to apply, and that they may have struggled to obtain or lost their original documents on the journey.

We welcome the approach of European countries to bringing people to Europe, and the clear statement from High Representative Borrell that people cannot be abandoned and must be offered shelter in the EU. We support continued coordination by European nations to ensure this happens, and urge a wide approach covering as many as possible from at-risk groups, including journalists, human rights defenders, those who worked for the international community, those funded by but not directly employed by EU programmes, and those who were promoted by or visibly supported by international actors.

We note that family reunification is a crucial safe route to protection, and has untapped potential to be used in emergency situations. Implementing existing commitments and legal obligations on family reunion is a priority, including allowing safe routes and the necessary documentation for those seeking to apply and for those who have already been accepted. In addition, temporary programmes with a widened scope of family definitions to include more family members and an easing of evidential requirements (such as provision of documents that may be impossible to acquire) should all be considered. Similarly, complementary pathways, such as private sponsorship, student scholarships and humanitarian visa programmes should be rapidly expanded, especially given the willingness of communities, institutions and organisations to support Afghans.

2. Humanitarian assistance

Scale up provision of humanitarian assistance.

In line with calls from international organisations and humanitarian actors in the region, it is necessary to rapidly scale up coordinated humanitarian assistance to Afghanistan itself, via independent humanitarian organisations still able to operate, and to the neighbouring countries via all relevant actors. Preserving access for humanitarian actors should be incorporated into international negotiations and international responses. In particular, critical services for women and girls must continue to be delivered, and this requires female aid workers who are able to access communities and create safe spaces for women and girls.

It should be noted, however, that humanitarian assistance in the region is not a substitute for Europe offering protection in line with EU and international obligations. Nor is it a means to deter those who are vulnerable and at risk from pursuing a safe route to protection.

3. Re-establish security for the people of Afghanistan.

Use the EU’s Common Foreign and Security Policy (CFSP) and other EU external action, including diplomatic efforts, civilian crisis management, sanctions and other operational tools, to support security for Afghans and international peace negotiations.

The EU should support engagement of all relevant international actors, including those supporting proxies in Afghanistan and with interests there, in efforts to stabilise the situation. Dialogue with all relevant actors in Afghanistan when it is in the interests of the people of Afghanistan is important. However, apart from humanitarian assistance, all other forms of cooperation with any potential future government should be conditional on respect for the fundamental rights of all Afghans, in line with the international obligations of Afghanistan and of the EU. It also has to be ensured that potential sanctions do not negatively affect the ability to provide humanitarian aid.

The objective of EU foreign and security support and operations should be the security of Afghans and protection of civilians in the short-term and peace in the long-term for the people of Afghanistan. This should be prioritised over counter-terrorism, anti-migration or otherwise narrowly defined European interests.

When the immediate crisis has abated, a thorough evaluation of the EU’s role in the international efforts in Afghanistan must also take place, in order to inform future Common Security and Defence Policy (CSDP) and wider CFSP actions. The current situation is a test for the European External Action Service and it should lead Europe’s response.

4. Access to asylum in Europe

Ensure rapid access to fair asylum procedure; preparations should be made in Europe now.

European countries must provide rapid access to fair asylum procedures for the small proportion of displaced Afghans who seek protection here. EU and international obligations to offer protection to those in need should be respected. The practice of pushbacks and collective expulsions of Afghans (and other nationalities) at European borders must stop. Even before the significant deterioration of the security situation, the majority of Afghans arriving in Europe received a protection status. In addition, the likely number of arrivals is manageable. Resources and attention should focus on preparations, such as ensuring that asylum systems are functioning including with adequate reception space – as they should be in any case.

Examination of cases already in asylum systems must take into account the reality on the ground and re-examination of decided asylum cases should take place, given the dramatic changes in the situation in country. We strongly support the initiatives already taken by some Member States in this regard but express dismay that some countries have frozen decision-making in open cases.

We condemn the insular approach of certain European politicians who seek to make the situation about “us”, Europe, and the small impact that will be had here, rather than keeping the focus on the security and humanitarian needs of Afghans. We further condemn the use of the situation to stoke panic and fear about people seeking protection, as is their right. It is particularly self-serving to instrumentalise the situation in Afghanistan to pursue pre-existing proposals to prevent or reduce access to protection in Europe.

Fear-mongering about the small proportion of the displaced who may arrive in Europe:

• creates insecurity for Afghans in Europe and elsewhere;
• legitimises and encourages border closures, including outside Europe, that prevent people fleeing to safety;
• is highly counter-productive. Europe needs to do its fair share in supporting displaced people. Otherwise the neighbouring countries will no longer be willing or able to host the vast majority of those displaced from Afghanistan.

We wish to underline that the EU, Turkey and countries neighbouring Afghanistan should all offer protection to Afghans fleeing from Afghanistan, hosting those in need in safety and dignity. However, Turkey, already the largest refugee hosting country in the world, cannot be considered a safe country of asylum for Afghans; there is no possible legal argument that can be advanced to support such a claim. Ongoing efforts to persuade Turkey to take on additional responsibilities are misguided and are out of step with responsibility sharing committed to by EU Member States in the Global Compact on Refugees.

Any efforts to close borders and forcibly prevent the movement of displaced people undermine the global protection system and directly contribute to serious harm to people seeking protection. Ultimately, protection in other regions, including in the countries neighbouring Afghanistan is dependent on the EU taking on a fair sharing of responsibility for displaced people, given that the willingness of other countries to host displaced people will be eroded if Europe aims to prevent all arrivals.

5. Suspending deportations to Afghanistan

Halt deportations to Afghanistan.

It was not safe to deport people to Afghanistan before the Taliban takeover; now it is certainly not the case and courts will – rightly – halt deportations. Asylum and other cases where human rights concerns preclude deportation need to be reviewed in light of current developments. It can be assumed that the majority will meet the criteria for international protection. Alternatives to deportation and related detention need to be considered, including providing legal statuses and the right to remain; decision-making should not be put on hold.

Signatories

#DiasporaVote!; 11.11.11; ACT Church of Sweden; aditus foundation; Afghan Action U.K.; Afghan Youth Association in Denmark; Africa Solidarity Centre Ireland; Associazione Consulenza Economica per migranti e rifugiati (ACEIR); AsyLex; Bureau for Rights-Based Development (BRD)-Sverige; Center my Right for Supporting Rights and Freedoms – Geneva; Centre for Peace Studies; Child Circle; CIRÉ (Coordination et Initiatives pour Réfugiés et Étrangers); Conselho Português para os Refugiados – CPR (Portuguese Refugee Council); Defence for Children International Greece; Donate and Educate Foundation; Donate and Educate girls; Eurodiakonia; European Council on Refugees and Exiles (ECRE); European Evangelical Alliance; European Lawyers in Lesvos (ELIL); French Refugee Council; Generation Outside Afghanistan; Hakunila International Organization, Vantaa – Finland; HIAS Europe; HIAS Greece; ICMC Europe; ILGA-Europe; Interkulturelles Entwicklungs-Zentrum (IEZ); Irish Refugee Council; JRS Europe; Kids in Need of Defense (KIND); Lesvos Solidarity; Ligue des droits humains (Human Rights League, Belgium); Mosaico-azioni per i rifugiati; New Women Connectors; NOAS; Norwegian Refugee Council (NRC); Oxfam; PICUM; PRO ASYL; Refugees International; Swiss Refugee Council; Symbiosis-School of Political Studies; The European Coalition  ?of Migrants and Refugees; The Swedish Network of Refugee Support Groups, FARR; Vluchtelinenwerk Vlaanderen; WE organization NL; World Hazara Council (WHC); YAAR

According to ILGA-Europe, the infringement procedures announced by the European Commission today show that the EU has come to a tipping point; after years of governments testing how far they can go, the European Commission has taken a clear step to hold Hungary and Poland accountable on the rule of law and fundamental rights.

Today, July 15, the European Commission announced that it will take landmark infringement procedures against both Hungary and Poland. The procedures against Hungary concern the censorship of a children’s book portraying LGBTI characters, and the legislation that entered into force last week, which prohibits the inclusion of LGBTI people in material in schools or in media for under-18s. The procedures against Poland concern a refusal to clarify whether LGBTI people are discriminated against in the labour market in the country’s so-called LGBT Free Zones .

According to ILGA-Europe, the leading LGBTI rights organisation in Europe, the infringements are  a clear message to all member states that they are bound by their membership to respect the core principles of the European Union.

The first infringement against Hungary is in respect of a book of reimagined fairytales with diverse characters entitled, Wonderland is for Everyone, which was published in September 2020. The book became an immediate target of homophobic attacks by politicians in the ruling Fidesz party, including the Hungarian Prime Minister Viktor Orbán, calling it “homosexual propaganda”. In January, the Hungarian government ordered the publisher of Wonderland is for Everyone to print disclaimers identifying books containing “behaviour inconsistent with traditional gender roles”, thus restricting the right to freedom of expression and the right to non-discrimination as enshrined in Articles 11 and 21 of the EU Charter of Fundamental Rights and breaches the Unfair Commercial Practices Directive. 

The second Hungarian infringement is in relation to legislative amendments voted in on June 15, banning the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality” for persons under 18 and for public servcie advertisement even without any age limit. The language surrounding this ban has been introduced into the following Hungarian legislation: the Child Protection Act, the Family Protection Act, the Act on Business Advertising Activity, the Media Act, and the Public Education Act, clearly breaching  a number of EU laws and violate international human rights norms, in particular restricting cross-border information society services, and the Treaty principles of the freedom to provide services (Article 56 TFEU) and the free movement of goods (Article 34 TFEU), by failing to demonstrate that the restrictions are necessary, non-discriminatory, and proportionate and pursue a legitimate interest.

On the day the Hungarian legislation came into force, the European Parliament voted in favour of urgent legal action against its member state, saying that the law was “another intentional and premeditated example of the gradual dismantling of fundamental rights” in the country.

The infringement against Poland has been launched because of the non-cooperation of Polish authorities in clarifying the question in how far the so-called Family Charters and LGBT Free Zones, which over 100 Polish local governments have adopted since 2019, might lead to discriminationon the grounds of sexual orientation and the Charter of Fundamental Rights, specifically ensuring non-discrimination in access to and in the labour market in line with EU anti-discrimination law, and also regarding management of the Structural and Investment Funds. 

According to ILGA-Europe’s Advocacy Director, Katrin Hugendubel: “By opening infringement procedures, the EC clearly states that the Polish and Hungarian governments are violating fundamental rights and, as they are unwilling to engage in sincere cooperation, and is now stepping up and opening a clear procedure to ensure the full respect of the Treaties and EU legislation. This could ultimately result in the EC bringing both countries in front of the Court of Justice of the European Union (CJEU).”

Over the past two years, ILGA-Europe has been advocating at the highest EU levels for sanctions against Poland and Hungary, as the governments of both countries have increasingly stoked anti-LGBTI hatred, thereby sewing political and societal division. ILGA-Europe stated concerns that this instrumentalisation of a vulnerable minority, which was first employed by Vladimir Putin in 2013 with the Russian anti-propaganda law, was providing an example to the governments of other EU member states leaning in this direction, who saw Poland and Hungary acting with impunity in violation of EU directives and core values.

Executive Director of ILGA-Europe, Evelyne Paradis said: “For years now, we have been observing some EU member states consistently testing EU democracy and the protection of the rule of law and fundamental rights. The infringement procedures announced today send a clear signal that enough is enough. EU member states can no longer act against human rights with impunity, nor can governments go on instrumentalising minorities for political gains. They have to and will be held accountable.” 

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Background to infringement on Poland:

In September 2020, ILGA-Europe together with Polish LGBT rights organisations KPH (Campaign Against Homophobia) and Fundacja Równo?ci (The Equality Foundation) submitted a legal complaint to the European Commission setting out how these declarations introduce discrimination against LGBTI people and thus breach the European Council Directive (2000/78/EC), establishing a general framework for equal treatment in employment and occupation, as well as the Charter of Fundamental Rights Article 15 on Freedom to choose an occupation and right to engage in work, and Article 21 on non-discrimination. Based on the complaint, the EC has requested information from the Polish authorities in February this year, which to this day has not been provided, thereby constituting failure to comply with the principle of sincere cooperation under Article 4(3) TEU.

Further information:

• Read more about Hungary in our Rainbow Map and Annual Review. 
• Read more about Poland in our Rainbow Map and Annual Review. 

For further comment, contact Ana Muñoz, ILGA-Europe: ana@ilga-europe.org and +32 493 35 60 55

As Hungary adopts Russian-style anti-LGBTI legislation, it is time for the EU to use all instruments available to hold its member state accountable for the respect of fundamental rights, including LGBTI rights, and for clear breaches of EU law, says ILGA-Europe.

Today, 15 June, the Hungarian Parliament adopted a number of amendments which directly discriminate against LGBTI people. The amendments were tabled by the ruling FIDESZ party and introduce a ban on the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality” for persons under 18.

The amendments clearly breach a number of EU laws and violate international human rights norms, in particular the case law of the European Court of Human Rights, UN Human Rights Committee and the EU’s Charter of Fundamental Rights (Articles 11 and 21) and Treaty on the European Union (Articles 2 and 6).

This language surrounding this ban will be introduced into the following Hungarian legislation:

• The Child Protection Act;
• The Act on Business Advertising Activity;
• The Media Act – all such content will be qualified as category V (unsuitable for minors), and the publication of such content will be banned in public service advertisements;
• The Family Protection Act and the Public Education Act – such topics cannot be part of sexuality education, schools cannot invite external speakers or NGOs for education on “sexual culture, sexual life, sexual orientation or sexual development” unless they receive a special licence by the state to do so. Participating in such activity without a licence is classified as a misdemeanour.

The discriminatory language being introduced to the Media Act constitutes a clear violation of the EU’s Audiovisual Media Services Directive. The discriminatory language being introduced to the Act on Business Advertising Activity constitutes a violation of the EU’s Unfair Commercial Practices Directive. The discriminatory language being introduced to the Business Advertising Activity Act and the Family Protection Act breaches the right to freedom of service provision and freedom of movement of goods as set out in the Treaty on the Functioning of the European Union.

According to Executive Director of ILGA-Europe, Evelyne Paradis: “With this vote, Hungary has adopted a Russian style anti-propaganda law that will effectively ban the representation or communication about diverse sexual orientations, gender identities and sex characteristics in the Hungarian public sphere, as well as specific places such as in schools. This law clearly violates EU principles set out in the Charter of Fundamental Rights and the Treaties, as well as at least two EU directives.

“The European Commission can no longer turn a blind eye to the ongoing legislative attacks launched by FIDESZ against the human rights and fundamental freedoms of LGBTI people in Hungary, but needs to use all instruments available to hold Hungary accountable for the respect of fundamental rights, including LGBTI rights. The enabling conditions of the Cohesion Funds clearly state that Member States need to respect the fundamental rights set out in the Charter. Hungary is violating fundamental rights with this new law and thus no EU funds should be paid out to Hungary before the law is withdrawn.”

Paradis concluded: “Building on the European Commission’s LGBTIQ Equality Strategy 2020-2025 and renewed public commitments, LGBTI people across the EU are still waiting for the Commission to take a clear stand towards Member States and use all tools available: negotiations, infringement procedures, the rule of law reports, ongoing Article 7 procedures, as well as funding instruments, to ensure that the Hungarian government stops the ongoing violation of LGBTI human rights in its country.”

ILGA-Europe’s advocacy director, Katrin Hugendubel and Björn Sieverding from the Network of European LGBTIQ Families explore the issues coming down the line in terms of rainbow family rights, including direct child-parent recognition from birth, equal opportunities for children to find new parents by adoption or foster care, access to ART (including funding), and multi-parenting possibilities.

The EU is now an LGBTIQ Freedom Zone, as declared by the European Parliament. This is great news, but real action must be taken to make this a lived reality for LGBTI people across the EU.

On 11 March 2021, in response to the proliferation of over 100 so-called ‘LGBT-Free zones’ in Poland, the European Parliament voted and declared the EU an LGBTIQ Freedom Zone. While it’s a strong symbolic gesture, this will not have any positive impact in LGBTI people’s lives unless it’s followed by meaningful actions and measures at EU and national levels.

Across the EU, we are witnessing a stark rise of hate against LGBTI people. In our recently published Annual Review, we reported an increase of hate speech from political, religious leaders and on social media in several countries of the region. Additionally, the COVID-19 crisis has made vulnerable communities even more vulnerable.

It’s not only in Poland and Hungary that LGBTI people and communities need protection. Earlier in March, a gay man was murdered in Beveren, Belgium, having been lured via a dating app to a park, where he was attacked by three teenagers. Declaring the EU an LGBTIQ Freedom Zone is not enough: this strong statement must be followed by actions that bring real change to LGBTI people and communities in the region.

Here is how LGBTI people’s lives are negatively affected in every single member state of the European Union:

Austria

There is no protection against hate speech or hate crimes based on gender expression, gender identity and sexual characteristics.

Belgium

Hate and violence are on the rise. A gay man was brutally murdered on March 6 in Beveren. Three teenagers allegedly stabbed him to death after luring him into a fake date arranged on a dating app.

Bulgaria

Children of a same-sex couple can lose one parent just by crossing an EU border. A child of a same-sex couple is currently at risk of statelessness as Bulgarian authorities have not recognised the baby’s valid EU birth certificate.

Croatia

There is an increase of hate speech and violence. In February 2020, an effigy of two men kissing and a child was burnt at a festival, weeks after the country’s highest court ruled that same-sex couples could become foster parents.

Cyprus

The reform of legal gender recognition has been stalling for years now.

Czechia

Sterilisation is required to access legal gender recognition. A case law from the European Court of Human Rights on the matter has been waiting for years now to be implemented.

Denmark

The country failed to ban unnecessary surgeries and treatment on intersex infants and minors, despite multiple United Nations’ recommendations.

Estonia

Attacks on civil society have increased. Despite recommendations from the UN Human Rights Committee in 2019, no progress has been made to include sexual orientation and gender identity in the hate speech and hate crime legislation.

Finland

Trans people are required to be sterilised before accessing legal gender recognition.

France

The number of hate crimes against LGBTI people increased in 2020, for a fourth consecutive year, according to SOS Homophobie. Two LGBTI children, who were bullied at their schools, committed suicide.

Germany

Same-sex couples cannot adopt. Legal gender recognition legislation is outdated and its reform has been stalling for years.

Greece

The latest amendments to immigration legislation have restricted the rights of LGBTI asylum seekers. In January 2020, a booklet was distributed by the Church in the Athens Holargos high school, saying that being “homosexual” is a “hateful act” and that LGBTI people were “traitors” and “murderers”.

Hungary

The Hungarian Parliament banned legal gender recognition in May 2020. The following December, it also voted to abolish the Equal Treatment Authority, Hungary’s most important equality body. Bookshops selling the children’s book ‘Wonderful is for Everyone’, which depicted diverse families and characters, were labelled as promoters of homosexuality and their staff were threatened. Prime Minister Viktor Orbán commented on the book saying that homosexuals should “leave our kids alone”.

Ireland

The country witnessed deeply worrying cases of hate crime and violence. A young gay couple was beaten up and stubbed in Kildare in February 2020. In September, a video on social media showed ten students from a Dublin private school verbally assaulting a classmate who had recently come out.

Italy

There is no legal protection against discrimination outside the labour market on the grounds of sexual orientation and gender identity.

Latvia

In January 2021, the Latvian Parliament started examination of the constitutional amendment seeking to restrict the extension of the concept the concept of family. The country does not recognise same-sex partnerships and still requires trans people to be sterilised before having access to legal gender recognition

Lithuania

Partnership is not recognised. Politician and LGBT rights activist, Tomas Vytautas Raskevičius (Liberty Party) secured a seat in parliament during the autumn elections. When he wanted to be chair of the human rights committee, he was received with homophobic hate and threats.

Luxembourg

In July 2020, the town of Esch-sur-Alzette announced it would prohibit shared flats if those cohabiting are not relatives or partners, which would forcefully out many same-sex couples and could be used in a discriminatory manner.

Malta

The Equality Act has not been implemented yet.

Netherlands

Schools have the right to ask parents to sign a statement rejecting a homosexual lifestyle, as long as the school ensures a safe environment for all pupils. During the summer, over 60 cases of discrimination and violence against LGBTIQ asylum seekers were reported.

Poland

In Poland, over 100 towns have declared themselves ‘LGBT-free zones’. Officially led hate speech and scapegoating of LGBTI people continue to be on the rise. In August 2020, 48 people protesting the detention of LGBTI activist Margot Szutowicz were also arrested. Partnerships are not recognised.

Portugal

There is no legal protection against discrimination outside the labour market on the grounds of sexual orientation and gender identity.

Romania

The CJEU judgement in the Coman case, which three years ago established that same-sex spouses are fully recognised as spouses under the EU freedom of movement directive, has to this day not been enacted by the Romanian state, and the partner of Adrian Coman still has not been granted a residence permit in Romania, leaving other same-sex couples in similar situations in limbo. There is no partnership recognition and trans people are still required to be sterilised before having access to legal gender recognition.

Slovakia

The country still requires trans people to be sterilised before having access to legal gender recognition.

Slovenia

Non-governmental organisations in Slovenia are increasingly targeted by the government’s restrictive measures and hostile rhetoric. Leading the government, the radical right Slovenian Democratic Party and PM Janez Janša direct their hostility especially towards NGOs engaged in independent cultural production and defending human rights, media freedom and the environment.

Spain

There are very harmful debates at the moment around the Trans Law. A group of trans people and their families are on hunger strike since March 2021. They will continue until the proposed legislation is debated at the Spanish House of Representatives.

Sweden

At the initiative of the right wing populist party Sweden Democrats, the municipality of Hörby put forward a new policy banning raising the rainbow flag on municipal flagpoles. The local church responded by displaying the rainbow flag on their flagpole. The policy was later withdrawn, but follows a similar and successful ban passed in 2019 in Sölvesborg.